Bids and Awards Committee (BAC) – Part 2 of 4

Sec.11.2.4.The Head of the Procuring Entity may designate alternate members to the BAC, who shall have the same qualifications as their principals as set in the Act and this IRR. The alternate members shall attend meetings of the BAC and receive the corresponding honoraria, whenever their principals are absent. The alternate members shall have the same term as their principals. The accountability of the principal and the alternate member shall be limited to their respective acts and decisions.

Sec.11.2.6 Unless sooner removed for a cause, the members of the BAC shall have a fixed term of one (1) year reckoned from the date of appointment, renewable at the discretion of the Head of the Procuring Entity. Upon expiration of the terms of the current members, they shall continue to exercise their functions until new BAC members are designated. In case of resignation, retirement, separation, transfer, re-assignment, removal, or death, the replacement shall serve only for the unexpired term: Provided, however, that in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension. For justifiable causes, a member shall be suspended or removed by the Head of the Procuring Entity.

Q:[engrjhez] If there exists “alternate-BAC members” as designated by the HOPE (consider an LGU case), does it follow that if their principals are either Chair or Vice Chair, they inherit the same assignment? If a BAC member is not present, his or her alternate member may be placed in substitute. Suppose we have a case where there are five (5) BAC members and five (5) BAC alternates (they are 10 all in all, right?). In a very unique scenario, three (3) BAC members (provided that not both of the chair and vice chair are together) with their alternates are not available to attend the procurement proceedings. Can an alternate of a “present” BAC member be placed in substitute of those who are absent for the purposes of quorum?

A:[RDV] I am of the impression that when that new provision was proposed the discussion was focused to the situations of NGAs and GOCCs, and not of the LGUs. There might be an oversight on the part of those who framed the revised IRR that there is already a different way of determining who the BAC Chair and BAC Vice Chair will be. Unlike in the case of NGAs/GOCCs/GFIs in which the BAC Chair and Vice Chair are directly designated by the HOPE, in the case of LGUs, they are elected by the BAC members among themselves.